In the first days after a hurricane your board is not expected to have answers. It is expected to do a short list of specific things: secure the property, decide on professional advice whether people can be in it, stop the damage from getting worse, start the claim, pay for the work, and write down why. Chapter 718 gives you unusual authority to move quickly. It also draws the boundaries narrowly, and the boundaries are where boards get into trouble.
What the law asks of the board in the first week
Anyone who stood in a Bonita Springs parking lot the morning after Ian knows what day one looks like. The power is out, the elevator is dead, two directors are in Ohio until November, and a dozen owners are asking when they can go upstairs and get the photo albums. Nobody has an engineer yet. Nobody has an adjuster yet.
The law does not require the board to know the answers that morning. Directors owe a fiduciary duty to the unit owners under § 718.111(1)(a), and that duty does not loosen in a disaster, but it is a duty to act reasonably on what is known. What it does require is that the board act, and be able to show later what it knew and when.
The first week comes down to five things: make the property safe, determine on professional advice whether it can be occupied, prevent further damage, get the claim opened and documented, and fund the immediate work. Our guide on hurricane preparation covers what should be in place before the storm.
Emergency powers exist only inside a declared emergency
Section 718.1265 is the source of the board's post-storm authority, and its opening words matter as much as the list that follows. The powers are available to the extent allowed by law, unless prohibited by the declaration, the articles or the bylaws, consistent with § 617.0830, and only in response to damage or injury caused by or anticipated in connection with an emergency as defined in § 252.34(4), for which a state of emergency is declared under § 252.36 in the locale.
That is four separate conditions. An emergency within the statutory definition, meaning an occurrence or threat of one that results or may result in substantial injury or harm to the population or substantial damage to or loss of property. A declared state of emergency covering your locale. Documents that do not prohibit the power you want, which is worth checking in advance rather than at 6 a.m. on a Tuesday. And an action that responds to that emergency.
There are thirteen powers, at § 718.1265(1)(a) through (m), covering meetings and notice, assistant officers, relocating the principal office, debris removal agreements with counties and municipalities, disaster plans, restricting access, requiring evacuation, determining habitability, mitigating damage and contagion, contracting on behalf of owners, special assessments without an owner vote, and borrowing.
Subsection (2) is the fence around all of it. The powers are limited to the time reasonably necessary to protect the health, safety and welfare of the association and the unit owners and to mitigate further damage, injury or contagion and make emergency repairs. There is no fixed expiration date. The power switches off when the need does, power by power.
Habitability, access, and the power to keep people out
Under § 718.1265(1)(g) the board may require evacuation of the condominium property in the event of an evacuation order in the locale, and the association is immune from liability for injury arising from an owner's failure or refusal to evacuate. Until 2025 this power was tied to a mandatory evacuation order. HB 913 removed that word. In a county where voluntary orders for Zone A are routine, that is a real expansion.
Under § 718.1265(1)(i) the board may determine whether the property or any portion of it can be safely inhabited, accessed or occupied, but only on the advice of emergency management officials, public health officials, or licensed professionals retained by or available to the board. It is not a judgment call the board makes on its own, and the statute says expressly that it is not conclusive as to habitability under the declaration, which may define that word differently for assessments, insurance or termination.
Under § 718.1265(1)(g) the board may also restrict access to portions of the property on the advice of licensed professionals: roped-off stairwells, a closed pool deck, a garage level with a compromised slab.
The counterweight is § 718.1265(3). During a declared state of emergency the association may not prohibit owners, tenants, guests, agents or invitees from accessing the unit and its appurtenant common and limited common elements for ingress and egress, for the sale or lease of the unit, or to determine habitability, subject to reasonable restrictions the association adopts and to any governmental order. A board that closes the gate to everyone for three weeks because it is simpler is not exercising a power the statute gave it.
The duty to make the property safe and to stop further damage
Section 718.1265(1)(j) lets the board contract for removal of debris and to prevent or mitigate the spread of fungus or contagion, including removing affected drywall, insulation, carpet, cabinetry and other fixtures and furnishings, even where the owner is obligated to insure or replace them. That is what lets the association tear out four feet of wet drywall in fifty units in week one without waiting for fifty owners to agree. Section 718.1265(1)(e) allows debris removal agreements with counties and municipalities, which matters where the county contractor will only take debris staged at a public right of way.
Do the tear-out, but photograph everything first, and photograph it by unit. The most expensive mistake after a major storm is gutting a building competently and having no proof of what was in it. Our guide on documenting an insurance claim sets out what the adjuster will want.
Section 718.1265(1)(h) lets the board implement a disaster or emergency plan, including shutting down elevators, electricity, security systems and air conditioning. Leaving a building sealed and warm for ten days is how you get a mold claim on top of a wind claim.
Who rebuilds what
Boards usually assume the answer follows the maintenance obligation. After an insurable event it does not. Section 718.111(11)(j) provides that any portion of the condominium property the association must insure, which is damaged by an insurable event, shall be reconstructed, repaired or replaced as necessary by the association as a common expense. In the absence of an insurable event, the association or the unit owners are responsible as determined by the maintenance provisions of the declaration or bylaws. An insurable event routes the work to the association; a slow leak or ordinary deterioration routes it back to the documents.
Under § 718.111(11)(f) the association's policy excludes all personal property within the unit and the floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments within the unit boundaries and serving only that unit.
| After an insurable event | Insured and paid by |
|---|---|
| Roof, structure, exterior walls, common elements | Association, as a common expense |
| Unit components the association must insure | Association, as a common expense |
| Floor, wall and ceiling coverings | Unit owner |
| Cabinets, countertops, appliances, water heaters, water filters | Unit owner |
| Electrical fixtures and window treatments serving only the unit | Unit owner |
| Personal property inside the unit | Unit owner |
Who performs the work is a separate question from who pays. Under § 718.111(11)(g)1. all reconstruction work after a property loss must be undertaken by the association except as otherwise authorized in that section, and an owner may undertake reconstruction on portions of the unit with the prior written consent of the board. Under § 718.111(11)(g)2. owners bear the cost of reconstructing the portions they must insure, and association-performed work of that kind is chargeable to the owner and enforceable as an assessment.
One trap worth naming. Under § 718.111(11)(j)4. the association is not obligated to pay as a common expense for losses that were known or should have been known to an owner and were not reported until after the association's claim was settled or resolved with finality, or denied as untimely. The owner who finds the ceiling stain in February and mentions it in July may be paying for it. Tell owners that, in writing.
Paying for it without an owner vote
Section 718.1265(1)(l) lets the board levy special assessments without a vote of the owners. Section 718.1265(1)(m) lets the association borrow money and pledge association assets as collateral, without owner approval, when operating funds are insufficient. Both exist because a board waiting sixty days for a membership vote cannot pay a mitigation contractor in week one.
Three limits apply. First, § 718.116(10) still governs the money: the specific purpose of the assessment must be set out in a written notice sent or delivered to each owner, the funds may be used only for that purpose, and on completion any excess becomes common surplus the board may return or credit. An assessment noticed for storm repairs and spent on a lobby redesign is a straightforward breach.
Second, the 14-day notice in § 718.112(2)(c) applies by its terms to a nonemergency special assessment. That word is doing real work, and it is why the board should be able to explain in the minutes why this assessment was an emergency one.
Third, these powers expire with the emergency under § 718.1265(2). The mitigation assessment in October is a different animal from the restoration assessment the following June. Treat the second as an ordinary special assessment, with ordinary notice and whatever owner approval the declaration requires. Our guide on post-storm special assessments takes the sequence further.
Documenting decisions when normal meetings are impossible
The record you build in the first month is the record produced two years later in a records request, an examination under oath, or a lawsuit. Meeting mechanics are easier than boards assume. Section 718.1265(1)(a) lets the board hold board, committee, election and membership meetings in whole or in part by telephone, real-time videoconferencing or similar real-time electronic or video communication, with flexible notice. Separately, and without reference to any emergency, § 718.112(2)(b)5. provides that a board or committee member participating by telephone or real-time videoconference counts toward a quorum and may vote as if physically present. The director in Ohio can vote.
Notice of a board meeting normally must be posted on the condominium property at least 48 continuous hours before the meeting and must identify all agenda items, except in an emergency. Where an item is not on the notice, § 718.112(2)(c) allows it to be taken up on an emergency basis by a vote of at least a majority plus one of the board members, and requires that the emergency action be noticed and ratified at the next regular board meeting. Calendar that ratification the day you take the action.
Minutes matter more than usual. Under § 718.111(1)(b) a director present when action is taken is presumed to have assented unless he or she votes against it or abstains, and a vote or abstention for each member present must be recorded in the minutes. A director who was on the call and said nothing owns the decision. Minutes are official records under § 718.111(12)(a)6., permanently maintained under § 718.111(12)(b). Our guide on writing board meeting minutes covers the standard.
Where boards overreach
Almost every post-storm dispute we see traces back to one of a handful of overreaches. They are predictable and avoidable.
- Using the emergency powers too long. Section 718.1265(2) limits them to the time reasonably necessary.
- Locking owners out. Section 718.1265(3) protects access for ingress and egress, for a sale or lease, and to determine habitability, except where a governmental order prohibits it.
- Declaring a building uninhabitable without professional advice. Section 718.1265(1)(i) requires advice from emergency management officials, public health officials or licensed professionals. A board vote is not that input.
- Treating the habitability determination as conclusive. The statute says it is not conclusive under the declaration, where assessment relief and termination questions live.
- Spending emergency assessment money on something else. Section 718.116(10) confines the funds to the stated purpose.
- Turning restoration into a betterment. Upgrades and material alterations are governed by the declaration and § 718.113, not by § 718.1265.
- Signing whatever the contractor puts on the hood of the truck. An emergency justifies speed, not an open-ended agreement. See our guide on restoration and remediation contracts.
The narrower operational questions, including what counts as an emergency repair and how far the board may go inside a unit, are in our companion guide on condominium emergency repairs.
Frequently Asked Questions About Post-Hurricane Board Duties
When do our emergency powers under § 718.1265 start and stop?
They start when there is an emergency as defined in § 252.34(4) and a state of emergency has been declared under § 252.36 covering your locale, and when your declaration, articles and bylaws do not prohibit the power. They stop, power by power, when the time reasonably necessary to protect health, safety and welfare and to mitigate further damage has passed. Section 718.1265(2) sets no fixed end date.
Can the board keep owners out of the building after a storm?
It can restrict access to portions of the property on the advice of licensed professionals under § 718.1265(1)(g), and determine on professional advice whether the property can be safely occupied under § 718.1265(1)(i). But § 718.1265(3) says the association may not prohibit access for ingress and egress, for sale or lease of a unit, or to determine habitability, subject to reasonable restrictions and to any governmental order.
Do we need an owner vote to levy a special assessment after a hurricane?
Not while the emergency powers apply. Section 718.1265(1)(l) allows the board to levy special assessments without a vote of the owners, and § 718.1265(1)(m) allows borrowing without owner approval when operating funds are insufficient. The money is still confined by § 718.116(10) to the specific purpose stated in the written notice, and later restoration assessments should be treated as ordinary ones.
The association gutted our unit's drywall and cabinets. Was that allowed?
Yes, if it was done to prevent or mitigate the spread of fungus or contagion during the emergency. Section 718.1265(1)(j) lets the association contract for debris removal and for removal of affected drywall, insulation, carpet, cabinetry and other fixtures and furnishings even where the owner is obligated to insure or replace them. Who pays to replace them is a separate question under § 718.111(11).
Who rebuilds the inside of a unit after a covered hurricane loss?
Under § 718.111(11)(j) the association reconstructs the portions of the condominium property it must insure, as a common expense. Items excluded from the association's policy by § 718.111(11)(f), including floor, wall and ceiling coverings, cabinets, countertops, appliances, water heaters and personal property, are the owner's. Under § 718.111(11)(g)1. the association generally performs the work, and an owner needs prior written board consent to do it.
Two of our directors are out of state. Can they vote on emergency decisions?
Yes. Section 718.112(2)(b)5. provides that a board member participating by telephone or real-time videoconferencing counts toward a quorum and may vote as if physically present, and that rule is not limited to emergencies. Section 718.1265(1)(a) separately allows board and membership meetings to be held by those means with flexible notice during a declared emergency.
We took action at an emergency meeting that was not on any agenda. What now?
Section 718.112(2)(c) allows an item not included on the notice to be taken up on an emergency basis by a vote of at least a majority plus one of the board members, and requires that the emergency action be noticed and ratified at the next regular board meeting. Put the ratification on that agenda, describe the action specifically, and record each director's vote or abstention.
Contact Hamilton Mikes
Hamilton Mikes represents condominium boards across Lee, Collier and Charlotte Counties through the whole arc of a storm recovery, from the first habitability call to the last assessment. We have done this after Charley, Irma, Ian and Milton, and the questions do not change much. Call 239-594-7227 or visit our Disaster Recovery page.
Statutes and authorities referenced
- § 718.1265, Fla. Stat. (association emergency powers; thirteen powers at (1)(a)–(m); time limit at (2); owner access at (3))
- § 718.1265(1)(g), (1)(g), (1)(i), Fla. Stat. (restricting access; requiring evacuation; determining safe habitability)
- § 718.1265(1)(j), Fla. Stat. (debris removal; mitigating fungus or contagion; removal of affected fixtures)
- § 718.1265(1)(l), (1)(m), Fla. Stat. (special assessments without an owner vote; borrowing and pledging assets)
- § 718.111(1)(a), Fla. Stat. (fiduciary relationship of officers and directors to unit owners)
- § 718.111(1)(b), Fla. Stat. (presumption of assent; vote or abstention recorded in the minutes)
- § 718.111(11)(f), Fla. Stat. (items excluded from the association's property insurance and left to the owner)
- § 718.111(11)(g)1.–2., Fla. Stat. (association undertakes reconstruction; owner work with prior written board consent; owner cost chargeable as an assessment)
- § 718.111(11)(j), Fla. Stat. (reconstruction after an insurable event as a common expense; absence of an insurable event governed by the declaration)
- § 718.111(11)(j)4., Fla. Stat. (no common-expense obligation for losses not timely reported by the owner)
- § 718.111(12)(a)6., § 718.111(12)(b), Fla. Stat. (minutes as official records; permanent retention)
- § 718.112(2)(c), Fla. Stat. (48-hour posted notice except in an emergency; emergency agenda items by majority plus one, noticed and ratified at the next regular meeting; 14-day notice for a nonemergency special assessment)
- § 718.112(2)(b)5., Fla. Stat. (telephone and videoconference participation counts toward quorum and may vote)
- § 718.113, Fla. Stat. (maintenance and material alterations)
- § 718.116(10), Fla. Stat. (specific purpose of a special assessment; excess funds as common surplus)
- § 252.34(4), Fla. Stat. (definition of emergency)
- § 252.36, Fla. Stat. (declaration of a state of emergency)
- § 617.0830, Fla. Stat. (general standards for directors of a not-for-profit corporation)
- Session laws: ch. 2008-28; ch. 2021-99; ch. 2025-175 (HB 913); ch. 2026-168 (§ 718.1265 history line, 2026 edition)